The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1887-02-10
An Augusta County Pension Vetoed
by the President.

S1A'ec1N 49,
which had passed both houses, granting q
pension to Mrs. Margaret Dunlap. who're
sides in this county, in the vicinity OF
jennings Gap.
The petitioner is the widow Of Arehi
bald Dunlap, who died in 1850 ard tie
mother of James f. Dunlap, corporal in
Company II. Seventh Cavalry, Missouri
State Militia Volunteers, who enlisted at
Sedalia. Mo, April 81. 1862, and died at
Warrensburg, Mo-, July 8, 1854. Of wounds
received in service, leaving neither widow
nor MINOR children to him surviving. The
cause of death is clearly set forth in the
following affidavit:
STATE OF MISSOURI,
County Of Johnson, IS
On this the 22d day of April, A. D. 1872,
before me, circuit clerk in and for said
county and State, personally appeared G..
Will Houts, resident of Warrenburg,
Mo-, who, being first duly sworn according
to law. declares that in the summer of the
year 1854 he was duly commissioned and
on duty as second Lieutenant Of Company
Il, X. M. Box, captain), in the Seventh
Regiment Missouri State Militia Cavalry,
| United States Army that at the time
mentioned af1iant was in command of an
| outpost near Warrepsburg, in the State Of
Missouri, and kept out picket or patrol
guard day and night that on the 9TH day
OF July, in said year, James Z. Dunlap, q
corporal in said company, and then under
affiant' immediate command, was in camp
during the afternoon, and observing some
OF his comrades engaged in scnffie or fight,
fQrtGrn6 md rf ~ Il To n hn
combatants, whereupon one of the parties
engaged, without just cause or provoca-
tion, Inflicted a wound on the person of
said Dunlap by stabbing him in the breast:
that ne was Immediately removed to the
United States hospital at Warrensburg,
Mo-, and every attention given to him,
but within few days the injury resulted
in death; that the soldier who inflicted the
wound was member of the same company
and regiment as Dunlap, and was, in July.
1861, sentenced to five years imprison-
ment i'll Missouri State prison by sentence
of general court martial His name
was James Capehart (see muster out roll
of Company II. Seventh Cavalry Missouri
State Militia; that said Dunlap left sur
viving him no wife or children, and that
his dependent mother, Margaret Dunlap.
widow is a resident of Churchvile, Va
And to his testimony that said Dunlap
died Of a wound received in the lire Of
duty, afliant adds the statement that said
Dunlap always bore with his officers and
comrades the highest character for knowl
edge OF and devotion to his duties as a
soldier.
Atfiant further reports that he has no in
terest whatever in the prosecution of this
claim for pension to Margaret Dunlap,
and that his post-office address is Warrens-
burg, Mo. 6. WILL Hours.
The record of thecourt martial proceed
ings obta ned from the War Department
is as follows:
CHARGE : Murder.
Specification In this case that he, JAS
Capehart, private. Company Fl, Seventh
Regiment of Cavalry Missouri State Mill
tia, being regularly enlisted soldier in the
United States service, did, on or about the
5th day of July, 1864, wantonIy, malicious
ly, Willfully. and with malice aforethought,
kill and murder one James Dunlap, pri-
vate Company H, Seventh Regiment of
Cavalry Missouri State Militia, by stat-
bling him with knife. All this at Hob
sons Station. on the line of the Pacific
Railroad, in Johnson County, Missouri.
FINDING. Ofthe specification, "Guilty,''
except the words, with malice afore.
thought On the charge, Mot guilty.
but guilty of manslaughter in the second
degree.
SENTENCE. To be imprisoned for the
term of five years IN the Missouri State
penitentiary.
1t further appears from the papers in the
case that James f. Dunlap for years paid
rent, and contributed to his mothers sup
port continuous sums Of money until the
outbreak of the war. when eommunica-
tions were destroyed. Mrs. Margaret
Dunlap is eighty two years old, and her
worldly possessions consist of meager
household furniture of no appreciative
value
The committee thought, from the pecu-
liar circumstances Of the case, the extreme
age of the claimant, and the hardships size
endured, that she is deserving Of pen
sion, and therefore recommended the pas
sage of tie bill.
The bill went to the President and was
returned without Executive approval and
acc )mpanied by the following Message
EXECUTIVE MANSION, Jan. 81, 1887.
To the Senate
[ hereby return without approval Senate
bill numbered twentyone hundred and
sixty seven, entitled An act granting a
pension to Mrs. Margaret Dunlap.''
BY this bill it is proposed to grant
pension to the beneficiary therein named,
as the mother Of James f. Dunlap, who
enlisted in the Seventh Missouri State
Militia Cavalry in 1852, and died in July.
1864 of wounds received at the hand of
comrade.
The favorable action Of the Senate upon
this bill appears to be based, so far as the
cause of death is concerned, upon an aft
dayit contained i'll the report of the COM
mittee to which the bill was referred.
made by one G. VIII Houts, second lieuten-
ant in the company to which the deceased
soldier belonged, in which the afliant de-
poses that some of the comrades OF the de-
ceased being engaged In an affray, he at
tempted to separate the com batants,
Whereupon one of them, without cause or
provocatiop, stabbed the deceased in the
| breast, from which, i'll a few days thereaf
| ter, he died-to which affidavit is added
| the finding Of court martial that the par
| ty inhicting the wound was found guilty
OF manslaughter and sentenced to five
years imprisonment.
Upon this showing it might be difficult
| to spell out the facts that the injury to the
SOldleT WAS received Ill bNo lluo OIL UubF, OF
| that any theory of granting pensions COW
| cred the case.
But the weak features Of this applica
| ton are not alluded to in the committees
report.
! The record of this soldiers death states
| that he was killed by one Of his comrades
in adificulty,o
| The same Lieutenant Houts who, in
1872, made oath that the soldier was
wounded while attempting to separate
comrades who were fighting, testified in
1864 before the cOnrt-martial upon the
trial of the man who did the wounding,
and whose name was Capehart, that Dun
lap, the deceased, stated TO him that he
was more to blame than Capehart, and
that they had been scuffling, at first good
naturally. and then both got angry that
he was rougher with Capehart than he
ought to have been.''
Another witness testified that the ARRAY
took place between Dunlap and Capehart;
that Dunlap handled Capehart very rough
ly, kicking him, &C.. and that finally Cape
hart stabbed Dunlap, upon which the lat
ter attempted to get his gun, but was pre-
vented from doing SO by the witness.
Of course there can be no pretense of
any kind of claim against the Govern
me1t arising from these facts
/ 1t is quite evident that the affidavit pre-